PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
Finding the right home to buy can take lots of patience and effort. There are several ways to get the home you want and a number of factors to consider along the way.
A real estate agent can show buyers suitable listed properties available in their price range. Generally speaking, the services of a real estate agent are free to the buyer. Real estate fees are typically paid by the seller on a commission basis. The commission is usually a percentage of the sale price and will be set out in the contract between the seller and the real estate agent.
In some instances, buyers may also enter into a contract with a real estate agent for certain services related to purchasing a new home. Unless a contract between a buyer and a real estate agent says otherwise, buyers are free to:
Real estate agents and brokerages must be registered with the Saskatchewan Real Estate Commission. The Commission sets educational requirements and deals with licensing and disciplinary matters. All money received in relation to real estate transactions must be held in a trust account and properly handled.
You can confirm online that an individual or brokerage is licensed and registered.
If you feel that a real estate agent has not acted properly, you can make a complaint in writing to the Commission. The Commission is required to investigate complaints of professional misconduct or incompetence. A review officer will review your complaint and will advise the realtor of your complaint. The complaint may proceed to a further investigation and possibly a hearing before the Commission. You must be kept advised of each step in the process. The Commission has the power to cancel, suspend or put conditions on a realtor's registration. They can also impose fines and, in rarer cases, order a limited amount of restitution for specific losses caused by a realtor. You can find out more about the complaints process by contacting the Commission at 306-374-5233 or info@srec.ca.
Some properties are listed for sale directly by the owner. When there is no real estate agent involved, the seller must advertise the sale and arrange showings of the property. While interested buyers must present the seller with an offer to purchase, some sellers may provide a blank form or template. It is important to take steps to ensure that all legal aspects of the transaction are properly handled when buying privately. A lawyer will charge more if they need to do work that a real estate agent would do if involved in the sale.
Buyers have a responsibility to inspect the property and the condition it is in. Sellers must inform buyers of any defects that the buyer cannot reasonably see for themselves. Read more at Property Condition Disclosure.
You should be careful when buying property in Canada from a person who does not live in Canada. When a person who lives outside Canada sells property located in Canada, they may need to pay a tax on all or part of the purchase price. If the seller does not pay these taxes, the buyer may be required to do so.
Buyers are required to make reasonable inquiries as to whether the seller is a non-resident of Canada. If the seller is a non-resident, additional precautions may be required, including a holdback of some of the purchase price. A lawyer can help ensure that your interests are protected.
Each type of purchase involves its own unique considerations. There may be additional considerations for the purchase of:
Buyers should seek advice from a real estate agent or a lawyer to ensure that all the relevant factors are adequately considered.
When looking to purchase land on which to build a home, have the land inspected to ensure that it is suitable for the type of construction planned. It is important to find out if there are any municipal bylaws that may limit building plans. This applies to major renovations as well. For example, many zoning bylaws require a certain amount of green space. Building or renovating a house a certain way could contravene such a requirement.
Whether the buyer will be doing all or part of the work or using contractors, it is important to seek legal advice before signing any contracts. A lawyer assists in drafting contracts that best meet the buyer's needs and can advise about the best ways of financing the project. They may also assist in ensuring that the work done is permitted and meets building code requirements and zoning bylaws.
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